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472 <br />REGULAR MEETING SEPTEMBER 6, 1994 <br />Ms. Darlene Horvath, 2102 Kemble, South Bend, Indiana, Office <br />Manager, Yellow Cab Company of South"Bend, 710 North Niles Avenue, <br />South Bend, Indiana, informed the Board that she saw Mr. Guy at <br />the airport in a grey station wagon and he has been seen by others <br />on a number of occasions. The airport has advised her that Mr. <br />Guy is not allowed out there to pickup passengers. She noted that <br />he has also been seen at other locations in town. Ms. Horvath <br />submitted to the Board an Affidavit indicating that she has <br />received reports from dispatchers stating that Walter Jones and <br />James Guy have been seen at both Notre Dame and MRA loading and <br />unloading passengers. The affidavit further states that Ms. <br />Horvath has personally seen Mr. James Guy at the airport picking <br />up passengers and he had no City tag on the back of his vehicle. <br />Ms. Horvath noted that apparently Mr. Guy can go to the airport <br />but be cannot park in the taxi lane. <br />Mr. Woods informed the Board that Mr. Guy was parked in the taxi <br />lane. <br />Mr. Kevin Butler, Attorney at Law, One Michigan Square, South <br />Bend, Indiana, representing Yellow Cab Company of South Bend, 710 <br />North Niles Avenue, South Bend, Indiana, stated that in addition <br />to determining whether there is a need for additional service, the <br />Board is to determine that the applicant is fit and able to <br />perform the services required in conformance to the ordinance. <br />Mr. Butler noted that he believes it is a significant fact that <br />some of the applicants have been operating in violation of the <br />ordinance. <br />Mr. Butler stated that Yellow Cab Company is not concerned with <br />the competition these companies may produce if they are legally <br />operating. Mr. Butler further stated that too many individuals <br />are operating without being in compliance with the ordinance. <br />Mr. Guy stated that he picks up confirmed appointments and he has <br />never been in the taxi lanes at the airport. He stated that he <br />does have two (2) grey station wagons, one of which is being used <br />by another company. Mr. Guy further noted that he has been called <br />by other cab companies to handle the overflow that they cannot <br />handle. Ms. Horvath replied that that is not true as far as <br />Yellow Cab Company is concerned. <br />Mrs. Manier questioned the affidavit submitted by Ms. Horvath and <br />asked Ms. Horvath if she had any specific dates and times that Mr. <br />Guy was seen operating. She noted that she does not have <br />specifics but she has personally witnessed him at the airport. <br />Mr. Leszczynski pointed out that observing Mr. Guy at the airport <br />does not answer the question of whether he was picking up someone <br />or whether he took them to the airport. <br />At this time, Mr. Caldwell made a motion that the Public Hearing <br />concerning this application be closed. Mr. Leszczynski seconded <br />the motion which carried. <br />Mr. Caldwell inquired of Board Attorney Anne Bruneel whether a <br />taxicab business can operate with a business address as a post <br />office box. Mrs. Bruneel stated that that issue is subject to <br />interpretation. Mr. Caldwell noted that Mr. Guy lists a post <br />office box as his business address. In response to an inquiry <br />from Mrs. Manier, Mr. Guy stated that he resides at 2421 1/2 <br />Bertrand and will operate from that location until permanent <br />office space can be found. <br />Mr. Caldwell noted that the Certificate of Insurance submitted <br />with the application has expired. Mr. Guy submitted to the Board <br />a new Certificate which the Board accepted for filing. Mr. <br />1 <br />